Historical Newspapers of South Carolina

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I ? Volume xxxvn COUNTY COURTS WHATTHEYARE Voters to Decided if We Are to Have a County Court SPEEDY TRIALS NEEDED What the Law Provided the rt a. -? -i vuuuty vuun 011 an ao How It Works It was provided by an act of the General Assembly of South Carolina, approved February 25th, 1022, that at the next general election which will take place early in November 3922, at the same time that State and County officers are elected the question of establishing a county court in this county shall be submitted to the voters; that the ballot will be printed as follows: "Shall a Country Court be established for the county of Horry?" and upon the ballot the electors will write either yes or no, for which, of course, a separate election box will be provided for each precinct in the County. The Herald had an article published in one of its issues last spring in which attention was called to the need of such ,a court and to the provisions of the act which had been passed to provide for this election on the subject. If the court gets a majority it will be established. If the people do not want the court it will not be established. It is therefore important that the people understand the increasing litigation of this county and the impossibility of having it attended to with any degree of promptness with the courts as they stand. If the court is established by the vote of the people the new court will have concurrent jurisdiction with the Court of Common Pleas in t.Vie civil msps nnd such proceedings in law and equity where the amount demanded in the cornplait doe? not exceed $3,000.00, or ^here the valuation of the property involved in the case is not over ^ $3,900.00. The law provides that the * County Court shall not trv titles to land! It will have the ri^ht to hear imnenlc fr. .civil cases from the Magistrate's Court. It will he known a< a court of record, which means that permanent records of its proceed inprs will he kept through all time to come, and it will have an official seal bearing: these words: "Countv Court, Horry County, South Carolina." AH pre n era 1 laws and statutes which anply to courts we already have will apply to this now court aw' the rules of practice and proceedings for trial of cases will be the same except where they are inconsistent with the new act; but Section Six of the act provides thn* the same form of proceeding and the same rules of procedure and evidence shall apply in this court as in tho Circuit Court where not inconsistent with the provisions of this act hereinafter mentioned, and it provides that all cases motions and trials shall be docketed as provided ^by section 314 of the Carle, at lea?t ten days before the open ing of Court, and if a plaintiff should fail to Pie his pleadings within that time the defendant mav file copies five days before the Court. There will he six jurymen instead of twelve. C'ises now standing on the docket of Common Pleas can be transferred and tried in the new court. The iudge of the new court will Knve the same powers in cases therein as the Circuit Judges have had. Appeals from the new court will be direct to the Supreme Court of the State. The County Court, if established, will be held once every sixty days, and at the discretion of the County Judge at such time as he may deem necessary to dispose of the business properly and the sessions will be continued from day to day for all ?uch time as is necessary to dispose of tfvit. business but it cannot be in session while the Circuit Court is in session. The County Court will always be open for the transaction of such business as can be disposed of without a jury. The jurors for the new court will be drawn by the same persons that draw the jurors for the Circuit Court. Not more than eighteen perennc sVinll hp drawn and summoned to attend at the same time at any session of the County Court, unless the Court shall otherwise order. Jurors may be summonned by mail and must have five days notice before the day of attending. No person can be summoned to serve oftener than once in every half of the calendar vonr. Service as juror in the County Court will not exempt a man for service in the Circuit Court the same yenr. The Clerk of the Court will be the Clerk of Common Pleas and General Sessions. At the present time Mr. W. L. Bryan would have to fill the position as to both courts. The Sheriff of the County will hnve to attend all sessions of the County Court and perform all of the orders thereof and execute the writs. Jurors will receive the same pay allowed in the Circuit Court. The HE OPPOSES A COUNTY COURT I desire space in the columns of your paper in order that some explanation may be m.ude relative to the county court which is to be submitted to the voters on November the 7th. I have read the act; but have not made it a study. From what I learned this court will try only civil cases to the amount of $3000.00, and to hear appeals from magistrate courts. I am glad the Delegation saw fit 1o let us vote on it. The lawyers say that the civil docket is badly behind ;infl nprhlinc it \?m11 fnb-n tVii-na ur..n1?r. ?v "in tt uw tm uu ?? *;v f\ to catch up. Then I ask what will the county court have to do ever\ sixty clays? Why not let us ask the Delegation to grant ur a few weeks of extra term of civil court in order to c.itch up with the docket and save so much expense to the tax payers. I undertand the act provides for a judge at a salary of $2500, por annum IK jurors are to he summoned every sixty days this alone will cost not less than $350.00 for each session. And there will be six sessions each vear, which will cost $1200. per annum. The judge and jurors alone will cost Horry county $4600. say nothing of the time the farmers will ,,ntose out of their crops during the busy season. In addition to the above expense we will have to pay the court crier, the staff officers, a stenographer, also I to furnish the record books. The real expense of the county court will be not less than about $0000.00 per year. Tt will require one and one half mill levy on the property of the county to pay this court expense. A member of the Grand jury has stated that they wanted the county court abolished as soon as the docket had been cleared. Don't you tax payers be fooled with this idea. , I notice that Spartanburg county which has eight times as much property and about eight times as much population as Horry voted down a county court last spring. T notice that very few counties in the State have rountv courts and they are wealthy counties. Tt would be much better to spend the cost of the county court "^each ve.ar on roads and bridges than to have the court. T am writing this article for the 'information of the farmers, because we are the.fpjlow^ who .will have to pay this expense. W. G. Stanly hinnr apnlie? to witnesses. Tho !'ir'?o of the new court will Krt n ?"v r*r\ I i^4-/%<-1 tv > A-K ^ ~ > ^ 1 - r; (iiiwmiiiu;u i?v me uovrrmn wur the admire atvi "onsent of he Jv~r> "to and the Judcre must ho a resident at*ornev-at-law of this Count*' vho shall havo boor a licensed "4 Lomev for at le.ast five years. Ho vill l>old ofTiioo for four vears and intil his succoccor shall ho appoint^ ntrl qualified. His salary wi'l ho *2.500.00 nor annum and will ho -iniri hv tho County in monthly in- 'nil ^onts. Tn case of a vacancy on ho bench of the County Court the Governor will fill the vacancy by .appointment to the unovnired *or>->v Tr v*n Jude-e of the County Court hell he nhsent 'it the time of holding anv Court the Govornor cnn anoint some othor suitable person, u'hn an at4ornoy-a.t-law, to hold the Court as Special County Judpro. The Judjre cannot act as counsil 'm anv **ase in which the County Court has concurrent jurisdiction with the Circuit Court, nor shall he ?ct. in anv Court inferior to the bounty Court except the Probate Court. The iudcro of the new court will have the rierht to appoint not more fhan two bailiffs to attend the court. These bailiffs would have the same nower as constables and receive *2.00 per day for the time actually engaged. The Countv .Tudpre will appoint an ^fTicial stenographer who will attend all sessions of the Court and perform all duties as are performed by the Circuit stenographer. The stenographer would receive $6.00 per day for the time actually engaged in the Court and would be paid upon the warrant of the County Court. The County Judge will appoint ,in official stenographer who will attend all sessions of the Court and perform all duties as performed by the cuit stenography. The stenographwould receive $6.00 per day for the Cirtime actually engaged in the Court and would be pnid upon the warrant i of the County Court. j The same costs and disbursements allowed in the Circuit Court will be allowed against the losing party in the County Court. If the new court is established county commissioners are required to make provision by setting p^ide suitable quarters in the courthr^se for holding the sessions of the Court. Frgm the reading of the above nnvmrriinlic vftfovo nf frnir\ + \r will obtain a fair idea of what the now court will mean. Those who are uncertain About the need of such a court sh^-M make inquiry at the courthouse to see how the dockets of the common pleas are congested and how 1onj>: many causes have been standing thereon. There has been many a failure of justice because of the unusual de 1IH OOMWAY. s. 6 , THURSDAY, MARTIN GAINS WHISKEY CASE Jack Vereen Says That Martin Owned the Still in Question The preliminary investigation of the whiskey case against W. A. Margin, farmer of Dogwood Neck township, took place before Magistrate A. P. Thompson, in that township, on 'ast Friday, October 20. The ^defendant was dismissed af ler the examination of several witnesses. Reports from the hearing are to the i^fToct that all witnesses were '^vitrd in their testimony to March 24th, 1922, and since that time, and '>1 allowed to /tell on the stand, any frets they may have known as to ' io'atios of the whiskey laws by Martin, before that date. March 24th, 1922 is the date on which rural policeman D. Frank Bellamy, walked up. on a still at which he found the negro, G. Jack Vereen, nd placed Vereen tinder arrest. The negro says he had been employed by Martin to go to the still and get the wood ready for running oft a charge, and 'that he, Martin was to arrive later and run off the whiskey; that the still belonged <to Martin and that he had operated it; that circumstances would tend to show that Martin had been suspected of owning and operating this still and that he had found it necessary to involve the negro in the mess in order to get the negro charged with the crime and he himself allowed to go free. According to an account of the investigations brought to Conway by one of the witnesses who was sworn at the trial, J.ack Vereen was placed on the stand as ,a witness against Martin and testified to these facts in substance. Notwithstanding this testimony which would have shown a prima facie case against Martin, all that it seems is required in a preliminary hearing, the defendant was discharged. It appears that a number of witnesses can be /produced to show vio lations of the law before March 24t 1922 and another warrant may be sworn but for Martin. This statement was made by two different persons in Conway last week followcr f l"\n ^iorvAolf i nn f Ua viniv iifS vuv; vuopv/niviuii v/i vn?. iivui 111^ wv? lore Thompson. The hearing took place at the junction of two public roads where George Bessent had started the erection of a new dwelling. YOU MUST VOTE ~ ON NOVEMBER 7 Important to Pile Up Biggest Vote Possible in the Election On Tuesday, November 7, the general election will be held in this county, for representatives in Congress, by one set of managers, and for State and County officers by another set of managers, both sets holding open the polls at the same time and place. Some of the people have failed to read and study enough to understand the difference between the general election which will now take place and the Democratic primary election, which has already taken place. To those who do not understand we will s.ay that the primary election already held was for the sole purpose of selecting Democratic candidates to be run as candidates of the Democratic party in this general el e ction. There are two great parties To those who do not understand we will say that the primary election already held was for the sole purpose of selecting Democgratic candidates to be run as candidates of the Democratic party in this general election. There are two great parties in this country: the Democrats and Republicans. Most of the negroes belong to the Republican party Most of 'the white people belong to the Democratic party; speaking oi course as relates to the State of >outh Carolina. Now in the general election to be held on November 7, the purpose is to decide the issue as between the Democrats and the Republicans. Doubtless there will be a Republican candidate for governor run at some or all of the precincts, jnd there may be candidates for the other offices in that party. South Carolina is more Democratic than ilepublican; has been for years past. There may not be a chance for any republican candidate provided the Democrats can be interested enough t<> come out to the polls and vote in the election. It should be remembered that we are rated in many ways by and in proportion to the vote cast in the general election. There is no other way to get the figures in the apportionment of representation in congress, and in the management of other things that are important to u.s. Therefore it is the duty of all the electors, both men and women, to go cast their votes for the Democratic lay that attends the bringing of cases to trial in this County. It was different in former years when there were not so many lawyers and not so much litigation. 1 W*' "OCTOBER 26, 1922. SHERIFF GETS THE MURDERER Was Waliking Public Road Near Galivants When Overtaken The negro man, Richard Elierbo who shot his wife to death here ok last week, was caught by the sheriff of this county, within about three miles of Gallivants Ferry, about 12 ml i " ?? uwuiR on uiursuay iouowing the shooting. iThe sheriff discovered the negro ahead of him, walking the road, with the same gun on his shoulder. To avoid the chance that the man might take the woods and again try to escape the clutches of the law, the sheriff turned out another road and came back meeting- the negro. He was placed under arrest and lodged in the Horry County jail a few hours afterwards. The negro appears to he a good sample of the desperado type. He is described by many other negroex as being a mean man. Most of then speak well of the woman he killed and sentiment among them is strong against her slayer. Some of them offered to aid in paying a reward for the man's arrest, and also offered to pay a part of the cost of getting bloodhounds on the work. On Thursday morning the city authorities wired to Uaeford, N. C., for the hounds. Before the dogs could be placed on the trail, however the sheriff had picked up the man near Gallivants Ferry. The details of the shooting are horrible in the extreme. The negro went to the house where the woman lived and broke out a panel from one of the back doors. Inserting his A I 1- il ? * " " guu uirougn me noie ne tired the first shot into the top of the house calling on occupants to get out and ' scatter or he would kill the last one of them. The deceased ran out ' with a child in her arms. 'Joing round ' the corner of the house he fired '< a load of shot from a breach 1 load- J ing shot gun into the woman's side '> and she fell to the ground. Crawling 1 into the house the woman was lying on the floor mortally wounded even then. Other negroes, neighbors 1 of the place, heard the shot and several of them came to the house. About five minutes passed when Ellerbe returned to the house saying he. had come back again and presenting his shot gun. The other negroes fled without a word. Then the < man went into the house and fired another load of shot into the stomach , of his wife. The shooting took place about midnight. The woman was shot to pieces but lived until about five o'clock on Thursday morning when s!.e died. All the circumstances show this to be a case of deliberate homicide, a cold-blooded murder for which the perpetrator will have to answer In the criminal court next March. Sentiment at this time is strong against ' him. ' The deceased lived in the homo of ( Cora Johnson. At the time of the > shooting the woman was sewing t while the other members of the ' household had gone to bed and wen asleep. The place is located on the ^ side street in roar of the restaurant I operated by William Johnson, and is I about one half a block from the long narrow street running through that t section of Conway and known as the Kace rath. MARKET PLANS, i ARE VICTORS, ! Columbia, October 21,?Sweeping victories for co-operative marketing * ere won in'the courts of North 1 Carolina, Texas and Oklahoma during 1 tlie past week, acocrding to statements o < .cc! >esteroa\ oy th?* South C;u?>- * linn Cotton Glowers- ' Co operative ^ Association. In Texas anrt Ckiano.na ' the cotton contracts, are practically ! identical with the contract signed by N the members of die South Carolina association, wete upheld by the courts and permanent injunctions granted y restraining members of those associa- 1 tions from disposing of their cotton except through the association. Tem porary injunctions Ivid been secured [ against six members in Texas and against several in Oklahoma some ' time back. 1 In North Carolina a desperate ef- < nominees whether there is any dan- ] ger of Republicans or not. 1 Another important thing for the | voters of Horry County to consider is the establishment of the new Coim- < tv Court. By an act of the last session of the General Assembly, this ! court is to be established if a ma- i jority of the electors of the county t will vote for it in the general eiec- 1 tion. In these colums we have already i explained what the county court will | l>e, the way it will function, the sal- < ary of the judge and all. A syn- i opsis of the law will doubtless appear 1 in this issue. The reason for the < court is to be found in the great delay that now takes place in the < tr:al of cases in the court of common < pleas, and in the lack of time in < which to dispose of all of the casea ] in that court. A man may bring a suit as things are now ar.d wait five years to get it tried. He does not get justice in that way. This county court will chnge this. < # raid. COURT MAKING SOME PROGRESS The court of common pleas convened at Conway on Monday morning. Mr. W. C. McLain, by appointment, orosinod Hp iv ? unnpi'.il iinlirn n4 I m -w a VJ % I'J/VV in i j MVifc, V C?V lino term in place of Judge Moore who died several months ago. The bar was faced by a roster of forty-nine cases, being fully as many as were set for the Spring term last April. The nature of the cases on the roster comprehended suits for damages for personal injuries, actions on notes and book accounts, and trespass and damages to land, and claim and delivery. Several lawyers from other counties are in .attendance upon the court. The crowd this time consisted mainly of jurymen, witnesses, and the parties in suits themselves. The civil terms of the court never attract the crowds that come here to hear the trials in the criminal court. Progress was made with the roster from the start. The case of Carol Jones againsl Hammer Lumber Company was continued until the next term. On the call of the case of R. W. Smith against W. Boyd Jones, the c.use was continued by agreement of counsel until the next term of the court. A number of cases were compromised. The first case to be tried was that 1 of W. 1). Bethea against James A. Lewis, as sheriff, and Bank of Loris, in claim and delivery for a lot of five automobiles sized bore from the possession of P. W. Bethea in 1920, under an execution on a judgment in the case of Bank of Loris against P. W. Bethea and others. After the five Fords were taken by the sherifV as the nronertv of P. W. 1 Bethea, W. D. Bethea, of Latta, S. C., brought the suit in claim and deli- j very alleging' that the cars were his ' and not the property of P. W. Bethea; and that P. W. Bethea was only his ngent to sell the machines and remit { the proceeds to him. The plaintiff W. ! D. Bethea won the verdict of the 1 jury who found for him the cars or { their value the sum of $4000.00. 1 This was the only jury trial that ' was disposed of on Monday. Argu- 1 ments were made on Monday afternoon in the matter of a demurrer in ) the case of R. M. Dyson against E. M. Graham and the court reserved 1 decision until the following morning". I The case of Cannon-Hickman Co., against G. W. Graham was continued 1 until the next term. NEGROMANIS I A WIFE KILLER! The negro section of Conway wa- | shocked to find out last Thursday ( morning that a negro num, Richard 1 Kllerbe, had shot his wife, Lizzie Eil ] irbe, at a room which the latte ented from Cora Johnson, and thai ( he woman had died in the early ( norning from the effects of the shot i Officers were notified following (ho < ^hooting and they went on a hunt < 'or Ellerbe. It appeared that lie had i led after shooting the woman and night make good hi* escape before ; he officers could locate him. i This nofjro did not live with his ; vife. Ho was employed last year on he National Highway work between "onway and Gallivants Ferry. Some ime rafter that he worked on the construction of a brick building that was et by contract to Mr. H. P. Little, a4 :?ake City. After he married the second time, he woman whom he killed last Wednesday night, disagreements came up ind they parted. On more than one occasion since hey separated the man tried to gei lis friends to bring his wife to meet lim at different places in the negro esidence section, but none of these vould be interviews resulted in any hing. His wife was known as Lillie Fra:ier before her marriage to Ellerbe md was employed as a cook in some >f the best families of Conway. 'ort was made by enemies of the lYi-State Tohacco Association to lave dissolved an injunction which lad been issued against two members >f the association. Several of the ablest lawyers in the state were employed in fhe effort to have the contract declared unconstitutional but the court in its decision made the injunction permanent, declaring the contract sound. Very gre.'it interest was taken by South Carolinians in the North Carolina hearing. The attempt to have he injunction dissolved was made before Judge Frank Daniels. H. G. Connor, Jr. of Wilson, chief counsel for those attacking the legality of contract, argued that the association is aimed to cre.'it? a monopoly and that it is a combination in restraint >f trade. During the course of the speech of mo of the attorneys for the associawith farmers interested in the out omo of the trial broke forth in ap- I pluse. < The tobacco association has now in- < Hituted suit against the parties who <o!d their tobacco outside of the as- , sociation for 5 cents a pound liqui- < lated damages. NO. 27 FARMER SUED ON CONTRACT Interested in the Decision to be Rendered This Week GREAT ARRA7 LAWYERS Lawyers Come From California to Take Part in the Prosecution The courts have already heard the trial of one case for breach of a cooperative tobacco marketing contract. It is the case brought by the association against Z. A. Harrell, of Nashville, Tenn. Several suits were entered in this State, but so far as the Herald has been able to learn, none of these have yet come to trial; and it may indeed be that those in this State have been compromised or discontinued on terms proposed by the defendants. In this section of the St:ite, about two months ago, there was some interest shown when a news item appeared in the daily and weekly papers to the effect that all farmers who broke their contracts that they had with ho associaion would be tried in 'he courts of the S'.ate. Many growers in his county, as well as in Marion and Dillon, became interested in knowing what the law is in relation to such contracts. Now tVv? a case has been tried out the report of it will be of great interest to all of those who read the articles lust Spring. The Tennessee case, however, at last accounts had not been decided by the judge as he took it under advisement and said he would render his decision later, possibly this week. The Herald has secured the folk wing interesting report of the hearing before the court at Nashville. Full Report. With the largest array of counsel ever seen in any civil case of recent ^ears in Eastern North Carolina the suit of the Tobacco Growers Co-operative Association against Z. A. Harwell and W. T. Jones, alleged contract breakers and members of the big cooperative, came to a close at Nashville last Friday after more than a thousand farmers from all parts of Eastern North Carolina had crowded the court house during the greater part of three days. Never has such interest in any civil case in this section been evidenced by so many people as hung unon the words of opposing counsel which represented the best lawyers of the State .and included such names as M. G. Connor, Jr., of Wilmington, Prank Spruill. Jos. B. Ramsey, and L. V. Bassett of Rocky Mount for the dr onse; Aaron Sapiro and Lawrence Levy of San Francisco, James 11. Pou if Raleigh, Stephen C. Bragaw of Washington and W. T. Joyner from Raleigh for the Association. Judge Frank Daniels after a throe lay hearing o f the case reserved <!e ision until this week with the statenent: "I have had no case in my sourt that involved greater issues or >ne that was discussed with more abiltv and learning by counsel.*' The very able argument of the lawyers for tho defense was largely cenoved on what thev termed the unconstitutionality of the law and tho eretion of what they argued would become a monstrous monoply in tobacco ivhich thev claimed would threatea he welfare of North Carolina and the United States. The lawyers defending TTarrel and Tones, who plead not guilty to a 1 n ' ' 1 >reacn oi contract, pointed out in t he vise of Harrell that ho was in partlership with a non-member and that, therefore, it would he impractical to errant an injunction for one partner hat would not affect the other, namely, R. F. Eagles, who is not a mem>er of the Association. In the case of Jones it was pointed nit- that lie has tenants who are not nenibers of the Association and that t would ho difficult to make an injunction apnly to him without affectum the ritrhts of his tenants.* When Aaron Sapiro, who opened the \asc for the Association, was called iway there was general ploom among ;he many supporters of the Association present in the court house, hut Lawrence Levy, Sapiro's young; assistmt, made such a masterful plea hacked by an amazing knowledge and onimand of modern constitutional aw that the enthusiasm of the specators was only restrained from >reakinpr into applause by repeated varninprs from the presiding judpe. Affidavits and testimony to the rfect that Jones and Harrel had signed he contract unconditional'',' ns bona* member^ of t'i"? coVi'jo cucpcmive were presented by the attorneys 'or the Association and .Tames H. Pou >f Raleigh made a forceful plea for he integrity of the contract, statin? hat the co-operatives were asking- no public favors, were spending no pubic money and had no seloced membership. Its only capital is the loyalty :>t" American citizens am! the good fflith of North Caro'iirfans. Take that away from them and the cause :>f the co-operative was hopeless, he >< dared. Whatever ims wccVm decision of Judge Daniels may prove, the Tobacco Growers Co-operative Association (Continued on Editorial Pag?)